Key West Injury Lawyer Blog
No one wants to be the wet blanket — or in this case, the towel — when it comes to summer fun, but water safety is no joke, and no one knows that better than a personal injury attorney.
Leesfield & Partners, one of the top personal injury law firms in Florida and the longest-serving firm in Coconut Grove, has repeatedly seen the havoc that negligence on the water can have on the lives of families. From horrific drowning incidents to parasailing and boat crashes, these unthinkable incidents are not impossible. When they occur, it is the job of firms like Leesfield & Partners to hold responsible parties accountable for the damage that has been done.
With offices in coastal cities like Miami and Key West, our attorneys know just how integral the water is to life in Florida and that it is a major attraction for thousands of out-of-state visitors annually. From unwitting tourists in jet ski accidents to parents expecting fun days at the pool with their children, our attorneys have also seen just how quickly that attraction can become a danger.
Drownings in Florida
Drowning is the leading cause of death for children under the age of 5, according to the Safe Children Coalition, an organization dedicated to promoting education and awareness surrounding this pressing issue. There were about 60 drowning deaths in the state for the first half of 2024, according to the latest available data. Of the 60 people who tragically lost their lives, about 46 of them were children.
No parent should ever have to endure the loss of a child. In Florida, enough children under the age of 5 years old tragically drown to fill several classrooms, according to data from the Florida Department of Health.
In Miami-Dade County, new residential pools must meet safety requirements before use, including those under the Florida Residential Swimming Pool Safety Act. The Miami-Dade County Department of Regulatory and Economic Resources will not approve a final inspection without required protections in place.
Typically, this includes a barrier that fully encloses the pool, meets height and anti-climb standards, and has a self-closing, self-latching gate to help prevent child access and reduce drowning risk.
Previous Cases
Leesfield & Partners obtained a historic settlement in a case involving a swimming pool incident at a Hotel Resort Orlando in Osceola County. In that case, our client’s son was swimming when he was caught in the suction of the pool’s drain. The child could not be removed because the hotel failed to have an emergency shut off switch.
For nearly 10 minutes, our client’s child remained underwater. As a result, he was later diagnosed with brain damage that would require life-long medical care. This case, which was handled by Founder and Managing Partner, Ira Leesfield, is the largest result of its kind in Osceola County.
One family was forever changed when a father and husband lost his wife and two young daughters due to the U.S. Navy’s failure to maintain its pier in a safe condition.
“Ivan Grayson, tormented by the mind-numbing horror of the tragedy that wiped his family from the face of the earth, desperately needs to know why this happened,” U.S. District Judge James Lawrence King said of the case.
Grayson was awarded $2.95 million for the loss of his family.
Previously, the firm secured a seven-figure settlement for a family whose toddler drowned in South Florida. In that case, an inadequately installed child safety fence around the pool was found at the home.
The firm also represented the widow of a man who drowned while on a tour with a Florida boat company. The firm secured a $575,000 settlement in that case.
In an ongoing case, Partner Justin B. Shapiro and Eric Shane, a Trial Attorney at the firm, are representing a family whose 2-year-old drowned at a Central Florida pool.
Safety Tips
Below are several safety tips that parents and caregivers may find useful. This list is not exhaustive, and readers should defer to safety organizations and local first responders for the most up-to-date guidance.
- Never leave a child unattended near a body of water.
- Every adult watching over children near the water should know how to swim and take a CPR course to know what to do in case of an emergency.
- Ensure that all exterior doors are fitted with alarms or alerts that will signal to an adult that one has been opened.
- Never leave pool floats, toys or balls inside or near a pool. This is to protect a child in the case that they fall into the pool while trying to reach one of these items.
- Children who cannot swim should always wear life vest and be in the water with an adult.
- All Florida pools should be equipped with child safety fences, pool covers, locks and other safety measures as outlined in state law.
- Children should always be dressed in brightly colored swimsuits so that, if the unthinkable does happen, they are easier for adults to spot in the water in case they need rescue.
- Children and adults should take swimming classes and water safety courses.
Legionnaires’ Disease
Leesfield & Partners is representing two families in separate cases involving exposure to Legionnaires’ disease, a form of pneumonia caused by Legionella bacteria. These cases are being handled by Mr. Shane who recently obtained the largest Legionnaires’ Disease recovery on behalf of a single plaintiff in the country. That result was obtained for a family who suffered the loss of a loved one after exposure to the bacteria.
In another case handled by Mr. Shane, a woman contracted Legionnaires’ Disease after a stay at a Florida hotel. The woman routinely used the hot tub throughout her stay. She began experiencing symptoms the day she checked out of the hotel. Her symptoms included body swelling and fever. As a result of her infection, the woman went into septic shock and was also diagnosed with acute kidney failure.
Records show that the hotel failed to maintain minimum chlorine levels and violated other industry standards. A six-figure settlement amount was secured for our client in that case.
In 2023, the firm settled two back-to-back cases of the disease on two unrelated clients at the same resort. One client is a Florida native while the other was visiting the area from Maryland. Both went to the hospital within days of leaving the resort with symptoms that included body soreness, fever, fatigue and difficulty breathing before they tested positive for Legionnaires’ Disease.
In those cases, two six-figure settlements were secured for the clients.
What is Legionnaires’ Disease?
Legionnaires’ Disease is a type of pneumonia that is caused by the bacteria Legionella. This bacteria grows best in stagnant and slow-moving, warm water. Symptoms of the disease include headache, nausea, fatigue, loss of appetite and dizziness. Infection happens after inhaling water vapor or mist containing the bacteria.
Those most at risk of infection are current and former smokers, people 50 years old or older, and those with preexisting health conditions such as chronic lung diseases, cancer or weakened immune systems. While there is no vaccine, it can be treated with antibiotics. In numbers from the Centers for Disease Control, it is estimated that one out of every 10 people who contract the disease dies from complications and survivors can have long-term effects for the rest of their lives.
Bacterial Legionella is known to multiply and grow in water systems such as hot tubs. To mitigate the growth of Legionella bacteria, it is recommended to maintain proper water temperatures and movement coupled with proper water management plans including disinfecting the water.
On Average, Florida reports approximately 200 to 300 cases of the disease every year. In 2023, Florida reported approximately 250 cases of Legionnaires’ Disease, according to numbers from the Florida Department of Health. When it comes to drinking water systems linked to healthcare facilities, Florida has had more outbreaks of the disease than any other state. In 2020, Florida accounted for nearly 60% of the country’s Legionnaires’ Disease cases. The bulk of annual cases were reported from August to October.
Boating and Maritime Incidents
No one suspects that a day out on the ocean will bring anything more than sandwiches and fun-filled memories. As far too many devastated Leesfield & Partners clients can attest, however, that is not always the case. From distracted and impaired boating to negligence or vessel failure, our attorneys have handled every manner of injury that can occur out on the water.
These incidents are unthinkable and the loss of a loved one as a result of a boat or water-related incident is something that no family should have to endure.
Mr. Shapiro and Evan Robinson, a Trial Attorney at the firm, are representing a teen who suffered a traumatic brain injury as the result of a water tubing accident.
Mr. Shapiro and Mr. Shane are representing an 11-year-old girl who was gruesomely injured when a counselor of the sailing summer camp she was enrolled in carelessly ran over her while operating a vessel. Her leg was horrifically sliced by the boat’s propeller and nearly caused an amputation. She was permanently mutilated as a result of this incident, causing severe dysfunction to her right leg.
“We’re starting to see this kind of carelessness creep into what should be the safest kind of boating activities, and that would be summer camps and children’s programs,” Mr. Shapiro told local media in a recent interview. “And it has to stop. To make sure this never happens to any other child.
Leesfield & Partners is also representing those affected by the horrific sailboat-barge crash in Miami on July 28, including 13-year-old Erin Ko, one of the girls who tragically died, and 7-year-old Calena Areyan Gruber, who miraculously survived.
That case is being handled by Mr. Shapiro and Trial Attorney Bernardo Pimentel II.
In 2024, the Florida Fish and Wildlife Conservation Commission (FWC) reported approximately 685 reportable boating incidents statewide, resulting in 81 fatalities and nearly 400 injuries. This is the year with the latest data immediately available. About 65% of boaters involved in fatal accidents had not received formal boating education — underscoring the importance of safety awareness on the water. The most common accident type was a collision with a fixed object.
In decades of representing the victims of such tragedies, Mr. Leesfield has remained outspoken on the urgent need for education reform and increased penalties for negligent boaters.
“The dangers from boating incidents are entirely underestimated as South Florida becomes more congested, drinking on the water becomes more prevalent and distractions from cell phones and other devices increases,” he said. “Important safety standards must be enforced on all watercrafts.”
Previous Cases
Previously, the firm secured a substantial settlement in a case involving a minor who lost a leg while not being supervised on a vessel.
The firm previously handled the case of a family whose young son was snorkeling when he was hit and killed by a passing boater. The boater in that case was also a minor who should never have been given permission to operate the vessel without supervision. Not only did this minor not stop, but he also attempted to cover up evidence and lied to the police when questioned.
Neighbors later testified that this minor regularly operated the boat in a reckless manner.
The firm represented the family of a young woman, 20, who tragically died when the vessel she was on crashed into a concrete dock. The firm secured over $1.3 million for the family when it was revealed that the boat operator had been drinking and speeding the night of the crash.
In a jet ski and boat crash, Leesfield & Partners attorneys secured $935,750 for their client.
In a boat case involving a foreign resort, the firm secured an $800,000 recovery for the injured client.
Another boating accident involving a negligent operator resulted in a $500,000 recovery.
In addition to boating accident litigation, Leesfield & Partners has represented the victims of various water-related accidents, including drownings, jet ski crashes, parasailing, and other recreational activities.
Mr. Pimentel represented the family of a young man and father-to-be who was lobster diving when he was killed by a law enforcement officer who negligently failed to adhere to divers-down flag laws.
Safety Tips
- Never allow a child to operate a vessel.
- Never drink and boat.
- Never go out boating without telling someone what area you are headed to and when they can expect you to be back. This is so that, in case of an emergency, someone will know that you did not return and can give rescue teams an area to begin searching for you.
- Take a boating education course
- Carry life vests approved by the Coast Guard for every person on board. Children should wear a life vest at all times when on a boat.
- Take advantage of free annual boat inspections offered by the U.S. Coast Guard.
- Keep necessary emergency kits on board that include essential items like flare guns, fire extinguishers and first-aid kits.
